LAWS(GAU)-2019-1-99

BHARAT CHUTIA Vs. ALOK KUMAR

Decided On January 09, 2019
Bharat Chutia Appellant
V/S
ALOK KUMAR Respondents

JUDGEMENT

(1.) Heard Mr. T Chutia, learned counsel for the petitioners and Mr. R Borpujari, learned counsel for both the respondents.

(2.) This petition has been filed alleging willful and deliberate violation of the order of the writ court dated 17.11.2017, passed in WP (C) No.5088/2015 by the respondents.

(3.) Case of the petitioner is that land measuring 4 kathas 10 lechas belonging to him was acquired by the Deputy Commissioner, Dhemaji in terms of notification dated 8.12.2011 for construction of fly-over relating to the Bogibeel Railway Project. Grievance of the petitioner was that no compensation was paid to him for such land acquisition. Representation made on that behalf did not evoke any fruitful response. This compelled the petitioner to approach the writ court by filing WP(C) No.5088/2015. Deputy Commissioner, Dhemaji in his affidavit before the writ court stated that proposal for payment of compensation to the petitioner for acquisition of his land measuring 4 kathas 10 lechas covered by KP patta No.234 and Dag No.436 (kha) of village Sesuwani Pathar under Sissiborgaon Revenue Circle was forwarded to the Government on 04.08.2014. In the light of the above, writ court disposed of the writ petition vide order dated 17.11.2017 by directing the respondent State to disburse the land acquisition compensation to the petitioner in terms of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) within 3 months.